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Possession of a Firearm in a Michigan Medical Marijuana Business

In Michigan, you have a right to keep a firearm in your home or business and no license or permit is necessary. However, even when lawful, using a weapon in self-defense can risk legal complications. If you intend to keep a weapon at your medical marijuana-related business, then it is essential for you to become knowledgeable on applicable Michigan law. In fact, it may be in your best interest to keep your guns totally separate from your medical marijuana. In relation to possession of a firearm in a Michigan medical marijuana business, individuals may not use deadly force to protect property. Thus, your weapon should only be used for the defense of yourself and others. Contact an experienced medical marijuana attorney for more information on how possessing a gun or dangerous weapon can affect your business.

Defining Self-Defense

The primary self-defense statute in Michigan Penal Code lays out the legal requirement for the justified use of deadly force for self-defense. Reviewing the code with an experienced defense attorney can help someone learn more about possession of a firearm in a Michigan medical marijuana business. This section establishes that an individual is legally justified in using deadly force to protect themselves or another, with no duty to retreat, provided:

  • They are not engaged in a crime
  • They are in a place they have a right to be
  • They honestly and reasonably believe that deadly force is necessary
  • They are preventing imminent death, great bodily harm or sexual assault to themselves or others

The word crime is extremely broad and could theoretically encompass many activities not related to the act of self-defense. Please note also that neither the MMMA, MMLFA, or the MTA specifically provide legal protections for the use of firearms. Possessing, processing, transporting, selling and using marijuana remains illegal at the federal level. Consequently, mixing firearm possession or use with medical marijuana encompasses considerable risk.

Lawful Use of a Weapon

Those dealing with possession of a firearm in a Michigan medical marijuana business may need to prove their lawful use of the weapon. To lawfully use a weapon in self-defense you must reasonably believe it is necessary.  It could be up to a police officer or prosecutor to decide if your use was reasonable. However, if you are using the weapon in Michigan there is a statute that reads: it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force has an honest and reasonable belief (fill in the appropriate circumstances: e.g., prevent murder, sexual assault, etc.) will occur.

The rebuttable presumption only applies when the force or deadly force is used inside a home or business.  If someone is in fear of imminent death, serious injury or sexual assault outside a home or business, then they may still use deadly or non-deadly force but they are not protected by the presumption.

Contact an Experienced Defense Attorney

If you require professional legal assistance following an accusation regarding the possession of a firearm in a Michigan medical marijuana business, do not hesitate to reach out to a skilled lawyer immediately. An attorney can help defend your rights while creating a strong legal strategy on your behalf. Consider reaching out to a reliable marijuana lawyer today to learn more.